(f) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record listed in Section 37.01(2)(C).

Does this mean if a person had only one counterfeit bill then they would not be presumed to have intent to defraud? I apologize if there's something here I'm missing.....


1 Answer 1


No. it does not. Having an "intent to defraud or harm another" is an element of several of the offenses defined in that chapter. If a person has counterfeited 2 or more bills or government records, or possesses two or more such items, such intent is presumed. It is also presumed under another provision if a person has ID information on three or more persons. It is also presumed if a person fails to release an improper lien.

If the conditions for presuming intent to defraud are not present, then the prosecution would need to prove this with evidence. That could include statements by the defendant or by witnesses, or circumstances which make it probable that there was such an intent. But the jury or judge (if a bench trial) would need to be satisfied that there was such an intent to convict on any of the offenses for which intent to defraud is an element.

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